Indian Bare Acts

THE BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956

Title : THE BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956

Year : 1956

Section -5 Amendment of Fourth Schedule to the Constitution.

As from the appointed day, in the Fourth Schedule to the Constitution, in the Table of Seats, for the entries in the second column relating to Bihar and West Bengal, the entries "22" and "16" shall, respectively, be substituted.

Section -6 By-elections to fill vacancies in the Council of States.

As soon as may be after the appointed day, by-elections shall be held to fill the vacancies existing on that day in the seats allotted to Bihar and West Bengal.

Section -7 Term of office of members of the Council of States.

In order that, as nearly as may be, one-third of the members of the Council of States may retire on the 2nd day of April, 1958, and on the expiration of every second year thereafter, the President shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under section 6.

Section -8 Provision as to existing House of the People.

Nothing in section 3 shall be deemed to affect the extent of the constituency of any sitting member of the existing House of the People from Bihar.

Section -9 Allocation of certain sitting members of the Bihar Legislative Assembly.

The sitting members of the Legislative Assembly of Bihar representing the Thakurganj, Karandighi,Para-cum-Chas and Bara- bazar-cum-Chandil constituencies shall, notwithstanding the redution in the extent of those constituencies by the transfer of portions thereof to West Bengal, continue to be members of the legislative Assembly of Bihar; and the sitting members of that Assembly representing any other constituency lying wholly or partly in the transferred territories shall, as from the appointed day, be deemed to have been elected to the Legislative Assembly of West Bengal and cease to be members of the Legislative Assembly of Bihar.

Section -10 Duration of Legislative Assemblies of Bihar and West Bengal.

The changes in the composition of the Legislative Assemblies of Bihar and West Bengal under section 9 shall not affect their duration as provided in clause (1) of article 172.

Section -11 Bihar Legislative Council.

(1) Any reference in the Delimitation of Council Constituencies (Bihar) Order, 1951, to the State of Bihar, Bhagalpur division or Chota Nagpur division shall be construed as excluding the transferred territories from that State or division, as the case may be.

(2) Every sitting member of the Legislative Council of Bihar representing a council constituency the extent of which is altered by virtue of sub-section (1) shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.

Section -12 West Bengal Legislative Council.

(1) Any reference in the Delimitation of Council Constituencies (West Bengal) Order, 1951, to the State of West Bengal, Burdwan division or Darjeeling district shall be construed as including the transferred territories to that State, division or district, as the case may be.

(2) In the Table appended to the said Order, in the entry in the second column, against West Bengal West (Graduates) Constituency, after the word "Bankura", the word "Purulia" shall be inserted.

(3) Every sitting member of the Legislative Council of West Bengal representing a council constituency the extent of which is altered by virtue of sub-section (1) or sub-section (2) shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.

Section -13 Allocation of seats in the House of the People and assignment of seats to State Legislative Assemblies.

The number of seats in the House of the People allotted to Bihar and to West Bengal and the number of seats assigned to the Legislative Assembly of each of those States by order of the Delimitation Commission under the Delimitation Commission Act, 1952 (81 of 1952), shall be modified as follows:-

Number of seats in Number of seats in the House of the the Legislative People Assembly

As soon as may be after the commencement of this Act, the President may, by notified order, make such modifications in theConstitution (Scheduled Castes) Order, 1950, and the Constitution(Scheduled Tribes) Order, 1950, as he thinks fit, having regard to the transfer of territories effected by section 3.

Section -15 Determination of population of Scheduled Castes and Scheduled Tribes.

(1) After the said Orders have been so modified, the population as at the last census of the Scheduled Castes and of the Scheduled Tribes in Bihar and West Bengal shall be ascertained or estimated by the census authority in such manner as may be prescribed and shall be notified by that authority in the Gazette of India.

(2) The population figures so notified shall be taken to be the relevant population figures as ascertained at the last census and shall supersede any figures previously published.

Section -16 Delimitation of constituencies.

(1) As soon as may be after the commencement of this Act, the Central Government shall, by notified order, appoint an authority-

(a) To determine on the basis of the population figures notified under section 15 the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes of Bihar and of West Bengal in the House of the People and in the Legislative Assembly of each of those States, having regard to the relevant provisions of the Constitution and of this Act; and

(b) To revise to such extent as may be necessary or expedient, having regard to the said provisions, the orders of the Delimitation Commission made under section 8 of the Delimitation Commission Act, 1952 (81.of 1952), with respect to Bihar and West Bengal.

(2) The said authority shall perform its functions in such manner and shall follow such procedure, as may be prescribed.

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